Legal Opinion

Bumpas v. Moore

Idaho Supreme Court

Decided June 20, 1918Published

APPEAL from the District Court of the Third Judicial District, for Ada County. Hon. Chas. P. McCarthy, Judge. Action for damages for personal injuries. Judgment for plaintiff, from which, and from an order denying a motion for a new trial, this appeal is taken.

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APPEAL from the District Court of the Third Judicial District, for Ada County. Hon. Chas. P. McCarthy, Judge. Action for damages for personal injuries. Judgment for plaintiff, from which, and from an order denying a motion for a new trial, this appeal is taken. Counsel for the plaintiff should not have been permitted, over the objection of counsel for the defendants, to ask the defendants’ witnesses impeaching questions on cross-examination when it appeared that such impeaching questions referred-to testimony given at a former trial of the cause, which testimony was in writing. (Sec. 6083,…

1Opinion

ON PETITION FOR REHEARING.

MORGAN, J.

A petition for rehearing has been filed in this case, together with a showing that the transcript of evidence was, in due time, properly settled by the trial judge, the certification thereof being, by the mistake and neglect of the clerk and without fault of appellant, omitted from the record upon appeal; also for permission to file such certificate herein, and for an order directing the trial judge to further certify as to the papers used and considered on the motion for a new trial, that certificate to be likewise included in the record. The petition was…

2Cases cited15 opinions

  1. Ada County Farmers' Irrigation Co. v. Farmers' Canal Co.Idaho Supreme Court · 1898
  2. Cady v. KellerIdaho Supreme Court · 1916
  3. Reynolds v. CorbusIdaho Supreme Court · 1901
  4. Smith v. PetersonIdaho Supreme Court · 1917
  5. Sweeney v. JohnsonIdaho Supreme Court · 1913

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